Seventh Circuit: USA v. Latasha Gamble

 

No clear error in sentencing court's determination that, by a preponderance of the facts, a functioning gun was used in the commission of the robbery.

5A claim properly preserved despite not being raised below, since the theory was that the sentencing factor found by a preponderance took into consideration deft's lack of testimony about the possession of the firearm.

Deft's misrepresentations waived 5A protections.


USA v.  Latasha Gamble